United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE
Edmund Ingram, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Menard Correctional Center
(“Menard”), brings this action for deprivations
of his constitutional rights pursuant to 42 U.S.C. §
1983. In the Complaint, Plaintiff alleges Defendants were
deliberately indifferent under the Eighth Amendment to his
broken tooth. He also alleges Defendants' actions
amounted to intentional infliction of emotional distress.
Plaintiff seeks monetary damages and injunctive relief.
case is now before the Court for preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under Section
1915A, the Court is required to screen prisoner complaints to
filter out non-meritorious claims. See 28 U.S.C.
§ 1915A(a). Any portion of a complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
Complaint (Doc. 1), Plaintiff makes the following
allegations: On January 18, 2019, while Plaintiff was eating
in the dining hall, he chipped his lower back tooth. (Doc. 1,
p. 9). Plaintiff informed the gallery officer who stated that
he contacted a nurse and Plaintiff was placed on the dental
list. Plaintiff also put in a sick call request slip as he
was in constant pain. (Id. at pp. 10, 25). Although
IDOC rules require that an inmate be seen by a nurse within
three days of an inmate submitting a sick call request,
Plaintiff alleges that he was not seen in a timely fashion
due to overcrowding at Menard and understaffing of the
healthcare and dental units. During this time, Plaintiff
continued to suffer from pain, he could not sleep or eat on
the side where the broken tooth was located, and the tooth
cut his tongue, causing it to bleed.
spoke with a nurse during the 7-3 shift on January 19, 2019,
and the nurse informed him that he would be placed on the
list to see dental staff. (Doc. 1, p. 10). Plaintiff put in
another sick call request on January 19, 2019, but he was not
seen for sick call. He spoke with John Doe #1, the 5-gallery
officer on the 7-3 shift, on January 20, 2019.
(Id.). He showed him his broken tooth and bloody
mouth. John Doe #1 told Plaintiff that he contacted the
healthcare unit, and Plaintiff was on the dental list.
Plaintiff does not believe, however, that John Doe #1
actually contacted the healthcare unit because he returned to
Plaintiff's cell too quickly. (Id. at p. 11).
also contacted John Doe #2 Lieutenant by letter and informed
him of his broken tooth. He also spoke with John Doe #2 when
he made rounds and showed him the tooth. John Doe #2 told him
to “man up” and informed Plaintiff that there was
only one dentist at Menard, and he could not see everyone at
once. (Id. at p. 11). John Doe #2 refused to contact
the healthcare unit for Plaintiff. (Id. at p. 12).
continued to send in sick call requests slips for dental care
on January 21, 22, and 23, 2019, but he was not seen by a
nurse on sick call. (Doc. 1, p. 12). He did speak to two
nurses about his tooth; they informed him that he would be
put on the dental list but that he would not be seen soon
because there was only one dentist. The nurses told him that
there was a thirty day wait for a tooth to be pulled, a sixty
to ninety day wait for a filling, and a two-year wait for a
dental cleaning. (Id. at p. 13).
submitted an emergency grievance seeking to be seen by a
dentist on January 23, 2019, but Jacqueline Lashbrook deemed
the grievance not an emergency. (Doc. 1, pp. 14, 38-39). He
also sent letters to Jacqueline Lashbrook, Dr. Siddiqui, the
dentist Asselmeier, John Baldwin, Medical Director Louis
Shicker, Frank Lawrence, and Healthcare Unit Administrator
Gail Walls asking for dental care for his broken tooth. (Doc
1, pp. 14, 16, 21-22, 24; 1-1, pp. 1, 3, 5, and 7). Plaintiff
never received a response to any of his letters.
(Id. at p. 15). On February 6, 2019, he spoke with a
nurse on the 3-11 shift. When he informed her that he had
been writing letters seeking care, she acknowledged that she
was aware of the letters but that he would be seen when he
was called by the healthcare unit. She told him to stop
writing letters. (Id. at p. 15).
alleges that the delay in receiving care for his broken tooth
is a result of Wexford Health Sources, Inc.'s policy of
understaffing the dental and healthcare unit at Menard. (Doc.
1, p. 4). Plaintiff alleges that Menard has over 3, 000
inmates. but Wexford only provides one dentist and
understaffs the healthcare unit's medical staff.
(Id.). As a result of this policy, Plaintiff
experienced delays in seeing medical staff after he submitted
sick call slips and ultimately experienced delays in being
seen by dental staff for his broken tooth. Plaintiff alleges
that Baldwin, Shicker, and Lashbrook were aware of systemic
problems in the healthcare unit due to overcrowding and
understaffing, but failed to remedy these issues.
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into the
following five counts:
Count 1: John Doe #1, John Doe #2, and Jane Doe Nurse
#1 were deliberately indifferent under the
Eighth Amendment by delaying dental care for Plaintiff's
Count 2: Jacqueline Lashbrook, Dr. Siddiqui,
Asselmeier, John Baldwin, Medical Director Louis Shicker,
Frank Lawrence, and Healthcare Unit Administrator Gail Walls
were deliberately indifferent under the Eighth Amendment by